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The Court of Protection Rules 2007

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Requirement for a litigation friend

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141.—(1) Subject to rule 147, P (if a party to proceedings) must have a litigation friend.

(2) A protected party (if a party to the proceedings) must have a litigation friend.

(3) A child (if a party to proceedings) must have a litigation friend to conduct those proceedings on his behalf unless the court makes an order under paragraph (4).

(4) The court may make an order permitting the child to conduct proceedings without a litigation friend.

(5) An application for an order under paragraph (4)—

(a)may be made by the child;

(b)if the child already has a litigation friend, must be made on notice to the litigation friend; and

(c)if the child has no litigation friend, may be made without notice.

(6) Where—

(a)the court has made an order under paragraph (4); and

(b)it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child,

the court may appoint a person to be the child’s litigation friend.

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